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Buachaill, Barrister
Category: Law
Satisfied Customers: 10974
Experience:  Barrister 17 years experience
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My mother died two years ago and left a basic will dividing

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My mother died two years ago and left a basic will dividing her estate equally amongst her children and told us that her jewellery should be equally divided between my sister and I.
My sister removed the jewellery from my mums house not long after she died, for safe keeping, now overtime I have been suggesting we divide it up and she keeps trying to delay things. Is there a legal time limit that this has to be sorted out by. We are also executors of the estate.
1. An executor has a period of grace, known as an "executor's year" within which to gather in the estate and distribute it according to the terms of the will. Accordingly, as you and your sister are executors here, you should have administered the estate within a year. AFter that one year period is up an application can be brought seeking the removal of the executor, should they not have completed their job of administering the will.
2. It is unusual that a dispute of this nature concerning jewellery arises between the two executors. Accordingly, I would suggest that you formally write to your sister calling upon her to hand in the jewellery, for safe keeping to the solicitor involved in the estate, if there is a solicitor or else, set a date at which a meeting be arranged to divide up the jewellery. Either way, if time has elapsed, it is now time to make concrete any arrangements in relation to the jewellery.
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